Can I Refuse a Breathalyzer Test in Seattle?
Contents
Can I Refuse a Breathalyzer Test in Seattle?
Getting pulled over and asked to take a breathalyzer test can be scary. You may be wondering – can I refuse a breathalyzer test in Seattle? The short answer is yes, you can refuse. But there are consequences if you do. Let’s break it down so you understand your rights and options if asked to take a breath test during a DUI stop.
What is a Breathalyzer Test?
A breathalyzer test measures your blood alcohol content (BAC) by analyzing your breath. You blow into a handheld device or a bigger machine at the police station. The devices estimate your BAC based on the amount of alcohol in your breath. What is Implied Consent?
Washington has an “implied consent” law. This means that by driving in the state, you automatically consent to take a breath test if you are arrested on suspicion of DUI. Your license can be suspended if you refuse.
So while you can refuse the breath test, you will face consequences. That’s because you already agreed to take it when you got your license. The test is seen as a condition of driving in Washington.
Forced Blood Test
If you refuse the breath test, the officer may get a warrant to forcibly take your blood and test your BAC. There’s no way to avoid this if they have a warrant. Refusing the blood test leads to additional charges.
Harsher Sentencing
A breath test refusal will also lead to harsher penalties if you are convicted of DUI. For a first offense, a refusal means a minimum 2 days in jail rather than 1 day. For a second offense, it’s 45 days rather than 30. The penalties get worse from there.
Should You Refuse the Breath Test?
With severe penalties, it may seem refusing the test is never advisable. But there are some cases where a refusal makes sense:
- You are close to the legal limit and want to avoid a suspension
- You have medical issues that could impact results
- You doubt the accuracy of the machine
- You want to make the prosecutor’s job harder
Without the breath test results, the prosecutor must prove impairment with other evidence. This can be difficult. But the refusal also looks incriminating – like you have something to hide.
There are pros and cons to refusing. It comes down to your specific case. If you are unsure, it may help to consult with a DUI attorney before deciding.
Defenses to Breath Test Refusal
If you refused the breath test, all hope is not lost. A skilled DUI lawyer can challenge the refusal and try to get it thrown out. Some common defenses include:
- You were not properly informed of the consequences of refusing
- Confusion, language barrier, or medical issues prevented you from consenting
- The officer did not have reasonable suspicion for the DUI stop
- Errors in how the test was requested or administered
If the refusal gets thrown out due to an illegal stop or issues with requesting the test, the case becomes much harder for the prosecution.
Consequences of Failing vs. Refusing Breath Test
To recap, here is how the consequences differ if you fail the breath test vs. refuse it:
| Failing Breath Test | Refusing Breath Test |
|---|---|
| Shorter license suspension | Longer license suspension |
| No forced blood draw | Possible forced blood draw |
| Lower mandatory minimum sentence if convicted | Higher mandatory minimum if convicted |
In most cases, refusing the test leads to harsher consequences. But there are some cases where a refusal makes sense. Speak to a DUI attorney to understand how the choice could impact your specific case.
The Bottom Line
You have the right to refuse a breathalyzer test during a DUI stop in Seattle. But there are penalties if you do, including license suspension, forced blood test, and increased jail time. There’s no one-size-fits-all answer on refusing. It depends on your case. If in doubt, consult with a DUI lawyer before deciding.